What is a Zoning Variance? Do I need one? How do I get started?

What does Variance mean in the Planning Department? A variance is an exception to the zoning code on a case-by-case basis which allows a property owner to make certain changes to the land. It enables a property owner to use the land which, due to specific location, topography, size, or shape, otherwise would not be suitable for development A property owner can apply for a variance for any kind of zoned property, residential or commercial. However, The owner must demonstrate a unique hardship or practical difficulty that justifies the need for a variance. The variance requested should be the minimum variance that would make possible the reasonable use of the land, building or structure. The fee for a variance application starts at $560 for residential and $800 for others. Payment is cash or check only.

Examples:

• Building or structural setbacks
• Lot dimensions, such as width, depth or area, structure, or building height
• Off-street parking or loading requirements
• Open space, buffers, lot coverage, impervious areas and similar technical development regulations

What is a Hardship:

If some special circumstance makes it difficult for a project to meet the zoning code a hardship may be established. A hardship generally occurs when the physical characteristics of a property are such that it cannot be used for any purpose permitted by City codes. A hardship may be created by the surroundings, shape or topographical conditions particular to that specific property. However, the hardship cannot be self-imposed, or the result of the property owner’s own action.

Once the application is submitted and payment is received, the first step is Development Review Process. The DRP reviews everything and will make recommendation to the Planning & Zoning Commision and the City Council. Secondly, Planning and Zoning Commission will review. During this time, signs have to be posted for the community to see what is being asked for, surrounding neighbors will receive notice of what is being asked for, and advertising in local newspaper. Application will be presented at a public Planning and Zoning meeting where the board will review. Public comment is open. Third step, variance application is presented to the City Council at a public hearing.  City Council makes the final decision.

Please note: the owner is responsible for covering the cost of advertising and mailing of notices. And posting the signs in a timely manner.

To see the City of Minneola Code on Variances, please visit MuniCode - Sec. 98.13: Variances

Land Development Code